ACC joined the US Chamber of Commerce and the National Association of Manufacturers in an amicus brief filed in the Second Circuit in Kiobel v. Cravath, Swaine & Moore, LLP. Cravath represented Royal Dutch Shell in a 2002 lawsuit brought by Kiobel, and produced discovery pursuant to a court-approved confidentiality agreement. The action was ultimately dismissed for lack of jurisdiction in 2013. Kiobel has now made an application under 28 U.S.C. 1782 (assistance to foreign and international tribunals) for production of documents relevant to the Shell case from Cravath. She intends to use the documents to support a complaint she plans to file against Shell in the Netherlands. The New York district court ruled the documents should be produced. ACC argues the district court ruling in Kiobel v. Cravath discourages full, frank attorney-client communication and undermines protections of confidentiality agreements.
Click here to read the brief.